Yerushalmi Eruvin 6:1 ירושלמי עירובין ו׳:א׳

MISHNAH: If someone dwells with a Non-Jew in a courtyard or with one who rejects the notion of eruv¹A member of a Sadducee sect., that one makes it forbidden for him²For the anonymous Tanna even a single Gentile prevents the Jew from using the courtyard on the Sabbath. For R. Eliezer ben Jacob the Gentile becomes a problem (to be discussed in connection with Mishnah 3) only if there are at least two Jewish dwellers in the courtyard.. Rebbi Eliezer ben Jacob says that he³A Gentile is nonexistent for the rules of the Sabbath; he can neither permit nor prohibit. never forbids unless there are two Jews who mutually forbid⁴If two Jews (including Sadducees) dwell in houses opening to the same courtyard they may not carry in the courtyard unless there be an eruv. The problem of the Sadducee is treated in the next Mishnah..

HALAKHAH: “If somebody dwells with a Non-Jew in a courtyard,” etc. “A Non-Jew’s courtyard is like a sheep-pen or a sheep-corral.²⁸Tosephta 5:19 (cf. Chapter 5, Note 156).” The rabbis objected to Rebbi Eliezer ben Jacob: If a Jew and an animal²⁹The animal belongs to another (Jewish) owner. Since the courtyard contains at least one dwelling, it is not subject to the 5’000 square cubits rule. The rabbis consider the barn as a dwelling if the owner is not the owner of the house. R. Eliezer ben Jacob denies that a barn is a dwelling. were living in a courtyard, would the animal not forbid? Just as an animal forbids so the Gentile forbids. Rebbi Eliezer ben Jacob objected to the rabbis: If a Jew and an animal were living in a courtyard, what would the animal forbid? Just as an animal does not forbid so the Gentile does not forbid.

Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: Practice follows Rebbi Joḥanan ben Nuri³⁰Chapter 1, Note 62, Babli 46a. R. Joḥanan ben Nuri holds in contrast to the rabbis (representing R. Meïr) that a Sabbath domain can be acquired in sleep.. Rebbi Hoshaia asked, for what is this needed? For what we have stated, “Rebbi Eliezer ben Jacob³¹Tosephta 5:20: “Practice follows Rebbi Eliezer ben Jacob.” Both in the case of R. Joḥanan ben Nuri and in that of R. Eliezer ben Jacob one follows the rule that “in matters of Eruvin one follows the lenient opinion.” The concurrence of the cases of R. Joḥanan ben Nuri of R. Eliezer ben Jacob establishes this principle in general.”. But following the rabbis? The rabbis disagree with Rebbi Joḥanan ben Nuri³²Therefore the rule that one follows the lenient opinion must be accepted..